PATMOS FIFTH REAL ESTATE INC. v. MAZL BLDG., LLC

1482, 108421/11.

140 A.D.3d 527 (2016)

34 N.Y.S.3d 23

2016 NY Slip Op 04804

PATMOS FIFTH REAL ESTATE INC. et al., Appellants, v. MAZL BUILDING, LLC, et al., Respondents, et al., Defendant. (And a Third-Party Action.)

Appellate Division of the Supreme Court of New York, First Department.

Decided June 16, 2016.


In 2006, plaintiffs purchased property from defendant Mazl Building LLC (Mazl). In connection with the purchase, plaintiffs mortgaged and refinanced the property for a total consolidated mortgage with Mazl. Plaintiffs defaulted on the consolidated mortgage, which then included the remaining defendants, but defendants agreed to forbear and extend additional time and credit to plaintiffs.

On February 27, 2009, the parties agreed to an additional loan, a final extension...

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